Rahul Kumar Sharma @ Kali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75271 of 2023 Arising Out of PS. Case No.-258 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Rahul Kumar Sharma @ Kali Son Of Om Prakash Sharma Resident Of Mohalla- New Diliyan, Ps- Dehri Town, Dist- Rohtas 2.

Arjun Kumar Sharma @ Arjun Kumar Son Of Jitendra Sharma @ Mangaru Sharma Resident Of Mohalla- New Diliyan, Ps- Dehri Town, Dist- Rohtas ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Dehri (Town) P.S. Case No. 258 of 2023 dated 12.04.2023 registered for the offence punishable u/s 30(a) of the Indian Penal Code.

4. As per the prosecution case, total 433.08 litres of illicit liquor was recovered from the truck and the co-accused person Shobhnath Chauhan disclosed the name of the petitioners

Patna High Court CR. MISC. No.75271 of 2023(2) dt.07-12-2023 2/3 and another co-accused person, Sambhu Kumar.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition The petitioner is neither owner nor driver of the said vehicle. No incriminating article has been recovered from the conscious possession of the petitioners, hence no case is made out. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.75271 of 2023(2) dt.07-12-2023 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Dehri (Town) P.S. Case No. 258 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T